Re: Reinjury of Same Shoulder
had a schedule loss of use and settled for 21% LOU
Sure, they're allowed a apportionment of loss. in other words, they get credit for any money already paid for this injury.
My question is Can they use the first case award to lessen the amount of the second case potential award?
You can deduct the 21% from the final rating - that should be what you're entitled to.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.